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Telenav is a Third Party Beneficiary to this Agreement. This Agreement confers rights and remedies upon Telenav and Telenav shall have the right to enforce provision of this Agreement and these Terms against you. The parties to this Agreement may not terminate or modify these Terms without the prior written consent of Telenav.
Your use of the maps, points of interest ("POI") data and other content ("Telenav Services") is subject to these Terms of Use.
The Telenav Services allow you to obtain certain map and routing functionality via your PC, mobile, tablet or vehicle devices, depending on your cellular carrier. The Telenav Services are for your internal business and personal use and is not for resale or other transfer or disposition to any other person or entity. The Telenav Services utilize map and other data licensed to Telenav by third parties for the benefit of you and other end users. This Agreement includes end-user terms required by these companies (set forth at the end of this Agreement), and thus your use of the Telenav Services is limited by and subject to such terms.
For GM to provide the Telenav Services, Telenav may receive anonymous location and search information related to your use of the Telenav Services. In using the Telenav Services, you allow Telenav to obtain this anonymous location and search information internally. Such information is subject to the Telenav Privacy Policy, which is attached hereto. Your use of the Telenav Services indicates that you accept the terms of Telenav's Privacy Policy located at www.telenav.com/legal/policies.html.
You agree to comply with the following when using the Telenav Services:
You are responsible for any fees assessed by your wireless telephone carrier to access the Telenav Services, including any data plan charges, toll, out-of-area, roaming, or other telephone connection charges. Standard messaging rates and other charges may apply when using certain features in the Telenav Services.
Subject to your compliance with the terms of this Agreement, you are granted a personal, non-exclusive, non-transferable license to access and use the Telenav Services.
This license shall terminate upon any suspension, termination or cancellation of your access to the Telenav Services. Except for the limited license expressly granted herein, Telenav shall own all right, title and interest in and to the Telenav Services, including without limitation all intellectual property rights therein.
You agree not to do any of the following:
To the fullest extent permissible pursuant to applicable law, in no event will Telenav, its licensors and suppliers, or agents or employees of any of the foregoing, be liable for any decision made or action taken by you or anyone else in reliance on the information provided by the Telenav Services. You are responsible for the entire risk arising out of your use of the Telenav Services.
The Telenav Services are provided "as is" and without warranties of any kind either express or implied. Telenav disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Applicable law may not allow certain warranty exclusions, so one or more of the above disclaimers may not apply to you.
Telenav does not warrant that the Telenav Services will not infringe on third party intellectual property rights.
Telenav also does not warrant that your use of the Telenav Services will be uninterrupted or error-free. Rather, temporary interruptions of the Telenav Services may occur from time to time (such as when you drive into an area that has no cell phone coverage or when the Telenav Services or your carrier's network is undergoing maintenance). Telenav will exercise reasonable efforts to attempt to limit or prevent such occurrences, but in no event will Telenav be liable for any financial or other damages due to such interruptions.
Telenav also does not warrant the accuracy of the map or other data used for the Telenav Services. Such data may not always reflect reality due to, among other things, road closures, construction, weather, new roads and other changing conditions.
Telenav has technological and operational security policies and procedures to protect your information from loss, misuse, alteration, or unintentional destruction, but Telenav makes no representations or warranties regarding the security of the Telenav Services or the transmission of data or information to and from Telenav and your wireless device. Telenav will not be liable to you or anyone else in the event of any unauthorized infiltration of any of its systems.
To the extent permitted under applicable law, under no circumstances shall Telenav or its licensors (or their licensors and suppliers) be liable to you or anyone else for any loss, injury, or damages (including but not limited to any compensatory, punitive, special, incidental, indirect, exemplary or consequential damages) arising out of or in connection with the use by you or anyone else of the Telenav Services, any defects in the Telenav Services, or any breach of this Agreement, even if Telenav or its licensors have been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.
To the extent permitted by applicable law, you agree to indemnify, defend and hold Telenav and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with your use of the Telenav Services.
This Agreement constitutes the entire agreement between Telenav and you with respect to the subject matter hereof.
Telenav's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Telenav. Notwithstanding the foregoing, Telenav may assign this Agreement to any affiliate at any time without notice.
By using the Telenav Services, you agree that GM may provide you with notices regarding the Telenav Service including changes to the Telenav Service, by email to your email address associated with your GM account, by regular mail or by posting on the AppShop.
NOTE: Additional terms and conditions applicable to you are as follows: The Telenav Services utilizes map and other data licensed to Telenav by third party vendors for the benefit of you and other end users. This Agreement includes end-user terms applicable to these companies (included at the end of this Agreement), and thus your use of the Telenav Services is also subject to such terms. You agree to comply with the following additional terms and conditions, which are applicable to Telenav's third party vendor licensors:
End User Terms Required by HERE North America, LLC
The data ("Data") is provided for your internal business and personal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and Telenav, Inc. ("Telenav") and its licensors (including their licensors and suppliers) on the other hand.
© 2014 HERE [Insert any applicable copyright notices as required for the country-specific Data being used]. All rights reserved.
The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario, © Canada Post Corporation, GeoBase®, © Department of Natural Resources Canada.
HERE holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information.
©United States Postal Service® 2013. Prices are not established, controlled or approved by the United States Postal Service®. The following trademarks and registrations are owned by the USPS: United States Postal Service, USPS, and ZIP+4.
The Data for Mexico includes certain data from Instituto Nacional de Estadística y Geografía.
Internal Use Only. You agree to use this Data together with the Telenav Services solely for the internal business and personal purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you agree not to otherwise reproduce, copy, modify, decompile, disassemble, create any derivative works of, or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
Restrictions. Except where you have been specifically licensed to do so by GM, and without limiting the preceding paragraph, you may not use this Data (a) with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
Warning. The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.
No Warranty. This Data is provided to you "as is," and you agree to use it at your own risk. Telenav and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.
Disclaimer of Warranty: TELENAV AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
Disclaimer of Liability: TELENAV AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF TELENAV OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
Export Control. Telenav shall not export from anywhere any part of the Data or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations, including but not limited to the laws, rules and regulations administered by the Office of Foreign Assets Control of the U.S. Department of Commerce and the Bureau of Industry and Security of the U.S. Department of Commerce. To the extent that any such export laws, rules or regulations prohibit HERE from complying with any of its obligations hereunder to deliver or distribute Data, such failure shall be excused and shall not constitute a breach of this Agreement.
Entire Agreement. These terms and conditions constitute the entire agreement between Telenav (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law. The above terms and conditions shall be governed by the laws of the State of Illinois [insert "Netherlands" where European HERE Data is used], without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the State of Illinois [insert "The Netherlands" where European HERE Data is used] for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.
Government End Users. If the Data is being acquired by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, this Data is a "commercial item" as that term is defined at 48 C.F.R. ("FAR") 2.101, is licensed in accordance with these End-User Terms, and each copy of Data delivered or otherwise furnished shall be marked and embedded as appropriate with the following "Notice of Use," and shall be treated in accordance with such Notice:
NOTICE OF USE
CONTRACTOR (MANUFACTURER/ SUPPLIER) NAME: HERE
CONTRACTOR (MANUFACTURER/SUPPLIER) ADDRESS:
c/o Nokia 425 West Randolph Street, Chicago, Illinois 60606
This Data is a commercial item as defined in FAR 2.101 and is subject to these End-User Terms under which this Data was provided.
© 1987 - 2014 HERE – All rights reserved.
If the Contracting Officer, federal government agency, or any federal official refuses to use the legend provided herein, the Contracting Officer, federal government agency, or any federal official must notify HERE prior to seeking additional or alternative rights in the Data.
United States
The End-User Terms for any Application containing Data for the United States shall contain the following notices:
"HERE holds a non-exclusive license from the United States Postal Service® to publish and sell ZIP+4® information."
"©United States Postal Service® 20xx. Prices are not established, controlled or approved by the United States Postal Service®. The following trademarks and registrations are owned by the USPS: United States Postal Service, USPS, and ZIP+4."
Canada
The following provisions apply to the Data for the Territory of Canada, which may include or reflect data from third party licensors ("Third Party Data"), including Her Majesty the Queen in Right of Canada ("Her Majesty"), Canada Post Corporation ("Canada Post") and the Department of Natural Resources Canada ("NRCan"):
1. Disclaimer and Limitation. Client agrees that its use of the Third Party Data is subject to the following provisions:
a. Disclaimer. The Third Party Data is licensed on an "as is" basis. The licensors of such data, including Her Majesty, Canada Post and NRCan, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.
b. Limitation on Liability. The Third Party Data licensors, including Her Majesty, Canada Post and NRCan, shall not be liable: (i) in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of such Data; or (ii) in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the Data.
2. Copyright Notice. In connection with each copy of all or any portion of the Data for the Territory of Canada, Client shall affix in a conspicuous manner the following copyright notice on at least one of: (i) the label for the storage media of the copy; (ii) the packaging for the copy; or (iii) other materials packaged with the copy, such as user manuals or end user license agreements:
"This data includes information taken with permission from Canadian authorities, including © Her Majesty, © Queen's Printer for Ontario, © Canada Post, GeoBase®, © Department of Natural Resources Canada. All rights reserved."
3. End-User Terms. In connection with the provision of any portion of the Data for the Territory of Canada to End-Users as may be authorized under the Agreement, Client shall provide such End-Users, in a reasonably conspicuous manner, with terms (set forth with other end user terms required to be provided under the Agreement, or as otherwise may be provided, by Client) which shall include the following provisions on behalf of the Third Party Data licensors, including Her Majesty, Canada Post and NRCan:
"The Data may include or reflect data of licensors, including Her Majesty the Queen in the Right of Canada ("Her Majesty"), Canada Post Corporation ("Canada Post") and the Department of Natural Resources Canada ("NRCan"). Such data is licensed on an "as is" basis. The licensors, including Her Majesty, Canada Post and NRCan, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.
The licensors, including Her Majesty, Canada Post and NRCan, shall not be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the data or the Data. The licensors, including Her Majesty, Canada Post and NRCan, shall not be liable in any way for loss of revenues or contracts, or any other consequential loss of any kind resulting from any defect in the data or the Data.
End User shall indemnify and save harmless the licensors, including Her Majesty, Canada Post and NRCan, and their officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the use or possession of the data or the Data."
4. Additional Provisions. The terms contained in this Section are in addition to all of the rights and obligations of the parties under the Agreement. To the extent that any of the provisions of this Section are inconsistent with, or conflict with, any other provisions of the Agreement, the provisions of this Section shall prevail.
Mexico
The following provision applies to the Data for Mexico, which includes certain data from the Instituto Nacional de Estadística y Geografía ("INEGI"):
1. Copyright Notice. Any and all copies of the Data and/or packaging containing Data for Mexico shall contain the following notice:
"Fuente: INEGI (Instituto Nacional de Estadística y Geografía)"
Albania
Client acknowledges that HERE has not received approvals to distribute map data for this country. The license rights granted to Client under this TL with respect to the HERE Data for this country are contingent upon Client's compliance with all applicable laws and regulations, including, without limitation, any required licenses or approvals to distribute the Application incorporating such HERE Data in this country.
Belarus
Client acknowledges that HERE has not received approvals to distribute map data for this country. The license rights granted to Client under this TL with respect to the HERE Data for this country are contingent upon Client's compliance with all applicable laws and regulations, including, without limitation, any required licenses or approvals to distribute the Application incorporating such HERE Data in this country.
Moldova
Client acknowledges that HERE has not received approvals to distribute map data for this country. The license rights granted to Client under this TL with respect to the HERE Data for this country are contingent upon Client's compliance with all applicable laws and regulations, including, without limitation, any required licenses or approvals to distribute the Application incorporating such HERE Data in this country.
Third Party Notices. Any and all copies of the Data and/or packaging relating thereto shall include the respective Third Party Notices set forth below and used as described below corresponding to the Territory (or portion thereof) included in such copy.
Austria
© Bundesamt für Eich- und Vermessungswesen
Contains content of Stadt Wien – data.wien.gv.at, licensed in accordance with creativecommons.org/licenses/by/3.0/legalcode
Contains content of Statdt Linz – data.linz.gv.at, licensed in accordance with creativecommons.org/licenses/by/3.0/legalcode
Contains content of LINZ AG – data.linz.gv.at, licensed in accordance with creativecommons.org/licenses/by/3.0/legalcode
Belgium
Realized by means of Brussels UrbIS®© - Distribution & Copyright CIRB, available at http://www.cirb.irisnet.be/catalogue-de-services/urbis/telechargement Includes content made available by AGIV.
Croatia
© EuroGeographics
Cyprus
© EuroGeographics
Estonia
© EuroGeographics
Finland
Contains data from the National Land Survey of Finland Topographic Database 06/2012. (Terms of Use available at www.maanmittauslaitos.fi/en/NLS_open_data_licence_version1_20120501).
Contains data that is made available by Itella in accordance with the terms available at: www.itella.fi/liitteet/palvelutjatuotteet/yhteystietopalvelut/uusi_postal_code_services_service_description_and_terms_of-user.pdf. Retrieved by HERE 09/2013"
France
source: © IGN France 2009 – BD TOPO ®
Germany
Die Grundlagendaten wurden mit Genehmigung der zuständigen Behörden entnommen.
Contains content of „Bayrische Vermessungsverwaltung – www.geodaten.bayern.de", licensed in accordance with creativecommons.org/licenses/by/3.0/legalcode Contains content of "LGL, www.lgl-bw.de", licensed in accordance iwth creativecommons.org/licenses/by/3.0/legalcode
Contains content of "Stadt Köln – offenedaten-koeln.de", licensed in accordance with creativecommons.org/licenses/by/3.0/legalcode
Great Britain
Contains Ordnance Survey data © Crown copyright and database right 2010
Contains Royal Mail data © Royal Mail copyright and database right 2010
Greece
Copyright Geomatics Ltd.
Guernsey
©The States of Guernsey
©The States of Alderney
©The Chief Pleas of Sark
©The Royal Court of Guernsey
Ireland
Contains data made available by the Dublin City Council Multi Story Car Parking Space Availability as of 2013-11-02, licensed in accordance with http://psi.gov.ie/files/2010/03/PSI-Licence.pdf.
Italy
La Banca Dati Italiana è stata prodotta usando quale riferimento anche cartografia numerica ed al tratto prodotta e fornita dalla Regione Toscana Contains data from Trasporto Passeggeri Emilia-Romagna- S.p.A. Includes content of Comune di Bolgona licensed under creativecommons.org/licenses/by/3.0/legalcode and updated by licensee July 1, 2013.
Includes content of Comune di Cesena licensed under creativecommons.org/licenses/by/3.0/legalcode and updated by licensee July 1, 2013.
Includes contents of Ministero della Salute, and Regione Sicilia, licensed under www.formez.it/iodl/ and updated by licensee September 1, 2013.
Includes contents of Provincia di Enna, Comune di Torino, Comune di Pisa, Comune di Trapani, Comune di Vicenza, Regione Lombardia, Regione Umbria, licensed under www.dati.gov.it/iodl/2.0/ and updated by licensee September 1, 2013.
Includes content of GeoforUs, licensed in accordance with creativecommons.org/licenses/by/3.0/legalcode.
Includes content of Comune di Milano, licensed under creativecommons.org/licenses/by/2.5/it/legalcode and updated by licensee November 1, 2013.
Includes content of the "Comunità Montana della Carnia", licensed under www.dati.gov.it/iodl/2.0/ and updated by licensee December 1, 2013Includes content of "Agenzia per la mobilità" licensed under creativecommons.org/licenses/by/3.0/legalcode and updated by licensee January 1, 2014.
Latvia
© EuroGeographics
Lithuania
© EuroGeographics
Moldova
© EuroGeographics
Norway
Copyright © 2000; Norwegian Mapping Authority
Includes data under the Norwegian licence for Open Government data (NLOD), available at data.norge.no/nlod/en/1.0
Contains information copyrighted by © Kartverket, made available in accordance with creativecommons.org/licenses/by/3.0/no/.
Poland
© EuroGeographics
Portugal
Source: IgeoE – Portugal
Slovenia
© EuroGeographics
Spain
Información geográfica propiedad del CNIG
Contains data that is made available by the Generalitat de Catalunya Government in accordance with the terms available at www.gencat.cat/web/eng/avis_legal.htm. Retrieved by HERE 05/2013.
Contains content of Centro Municipal de Informatica – Malaga, licensed in accordance with creativecommons.org/licenses/by/3.0/legalcode.
Contains content of Administración General de la Comunidad Autónoma de Euskadi, licensed in accordance with creativecommons.org/licenses/by/3.0/legalcode
Sweden
Based upon electronic data National Land Survey Sweden.
Contains public data, licensed under Go Open v1.0, available at data.goteborg.se/goopen.
Switzerland
Topografische Grundlage: Bundesamt für Landestopographie.
Ukraine
© EuroGeographics
United Kingdom
Contains public sector information licensed under the Open Government License v.1.0 (see the license www.nationalarchives.gov.uk/doc/open-government- licence/.
Adapted from data from the Office for National Statistics licensed under the Open Government Licence v.1.0.
Please note that the EuroGeographics copyright notice is required for Croatia, Cyprus, Estonia, Latvia, Lithuania, Moldova, Poland, Slovenia and Ukraine. If a product includes one or more of these countries, the copyright notice should be mentioned only one time.
Australia
1. The End-User Terms for any Application containing Data for Australia shall contain the following notices:
"Copyright. Based on data provided under license from PSMA Australia Limited (www.psma.com.au).
2. "Product incorporates data which is © 20XX Telstra Corporation Limited, Intelematics Australia Pty Ltd and HERE International LLC"In addition to the foregoing, the End-User Terms for any Application containing RDS-TMC Traffic Codes for Australia shall contain the following notice:
"Product incorporates traffic location codes which is © 20XX Telstra Corporation Limited and its licensors."
India
Notwithstanding anything in the Agreement or herein to the contrary, Client shall not make any modifications, adaptations, or alterations of or to the Data for India or associate or add any data to or in combination with the Data for India.
South Korea
Client may not export or in any way transfer the Data for the Republic of Korea (South Korea) outside of the Republic of Korea (South Korea).
Israel
The following provisions apply to the Data for Israel, which includes certain data from the Survey of Israel ("SOI"):
1. Client may not create, sell or distribute or provide a sublicense to third parties to create, sell or distribute paper maps that are the same or substantially similar, in terms of data content and specific use of color, symbols and scale, to paper maps published by the SOI.
2. Client may not license or allow its licensees to sublicense the Data for Israel directly or indirectly to any companies or government organizations entities which are registered or have main offices in Iran, Iraq, Syria, Lebanon, or Palestinian organizations and entities which are connected to terror activities without written approval of SOI, which shall not be unreasonably withheld.
3. Client may not license or sublicense the Data for Israel to the following companies in Israel: GPS&More, Nav N Go, Google, OfficeCore, Traffilog and TeleAtlas.
4. Third Party Notice. Any and all copies of the Data and/or packaging containing Data for Israel shall contain the following notice:
"©Survey of Israel data source"
Jordan
1. Third Party Notice. Any and all copies of the Data and/or packaging containing Data for Jordan shall contain the following notice:
"© Royal Jordanian Geographic Centre"
The notice requirement for Jordan Data is a material term of the Agreement. If Client or any of its permitted sublicensees (if any) fail to meet such requirement, HERE shall have the right to terminate Client's license with respect to the Jordan Data.
2. Jordan Data. Client and its permitted sublicensees (if any) are restricted from licensing and/or otherwise distributing HERE's database for the country of Jordan ("Jordan Data") for use in Enterprise Applications to (a) non-Jordanian entities for use of the Jordan Data solely in Jordan or (b) Jordan-based customers. In addition, Client, its permitted sublicensees (if any) and End-Users are restricted from using the Jordan Data in Enterprise Applications if such party is (a) a non-Jordanian entity using the Jordan Data solely in Jordan or (b) a Jordan-based customer. For purposes of the foregoing, "Enterprise Applications" shall mean Geomarketing applications, GIS applications, mobile business asset management applications, call center applications, telematics applications, public organization Internet applications or for providing geocoding services.
Third Party Notices. Any and all copies of the Data and/or packaging relating thereto shall include the respective Third Party Notices set forth below and used as described below corresponding to the Territory (or portion thereof) included in such copy.
Guadeloupe
source: © IGN 2009 - BD TOPO ®
French Guiana
source: © IGN 2009 - BD TOPO ®
Martinique
source: © IGN 2009 - BD TOPO ®
Mexico
Fuente: INEGI (Instituto Nacional de Estadística y Geografía)
2 D Footprints
The following terms apply with respect to Enhanced 2D Footprints.
1. Client may not create, filter or use texture libraries or other texturing solutions in connection with any feature type attribution associated with Enhanced 2D Footprints. Client may use single or gradient colors if texturing solutions are not derived.
2. Client may not use Enhanced 2D Footprints with any height information, including without limitation, in order to render a three-dimensional view utilizing any of the Enhanced 2D Footprints.
The following notice must be added to the End-User Terms for Applications using Enhanced 2D Footprints for North America:
"Copyright ©2014 Chicago, Illinois"
Brand Icons
The following terms apply with respect to Brand Icons:
1. Style guidelines and specifications required for certain Brand Icons will be provided as applicable.
2. Client agrees not to modify or alter the color, font or aspect ratio of the Brand Icons.
3. The most recent data release of Brand Icons must be used in Applications at all times. Certain Brand Icons may be removed from future data releases based on HERE's supplier agreements.
4. Brand Icons may be used in connection with POIs provided by NT only.
Extended Listings for Australia
The following additional provisions apply to the use of Extended Listings for Australia:
1. The Core POIs and/or Extended Listings for Australia ("Australian POIs") may only be provided to End-Users or sublicensees for use in connection with PC, mobile, tablet or vehicle devices. . Neither Client nor its sublicensees may market, license or publish a hard copy or paper version of the Australian POIs or a printed directory containing all or any part of the Australian POIs. Neither Client nor its sublicensees may create, develop or publish an online or internet-accessed version of any product or service incorporating the Australian POIs or other online directory containing all or any part of the Australian POIs or other online directory containing all or any part of the Australian POIs; provided that nothing herein shall prevent Client or its sublicensees from making a copy of the Australian POIs or an incremental update of the Australian POI cata available to End-Users via the Internet or other server-based or electronic delivery for use by End-Users on portable navigation devices or in-vehicle navigation devices. Neither Client nor its sublicensees may sublicense the Australian POIs to the following parties:
2. Client shall provide HERE a list of Client's sublicensees (if any) of the Australian POIs upon request. Neither Client nor its sublicensees shall:
a. sell, lease or otherwise provide to a third party the Australian POIs, any part of the Australian POIs or any file, model, analysis, code, report or application which uses or is derived from the Australian POIs except for the uses specifically permitted herein;
b. use, manipulate or modify the Australian POIs to create or facilitate the creation or use of a Reverse Telephone Directory (i.e., a directory of public telephone numbers which enables (i) a person who knows a customer's telephone number to readily identify the customer's name or other details or (ii) a person who only knows whole or part of an address to readily identify a customer's name and/or telephone number);
c. extract or republish the Australian POIs except as permitted herein;
d. remove any seeds (i.e., incorrect data included in the Data to enable detection of piracy) contained in the Australian POIs;
e. remove any product identification, copyright or proprietary notice from the Australian POIs;
f. use the Australian POIs to establish an individual's creditworthiness, or eligibility for insurance or employment;
g. use the Australian POIs (if that Australian POI is a telephone number, only) to verify the identity or address of an individual;
h. use the Australian POIs to advertise products or services that relate to sex, pornographic materials, illegal drugs, weapons or illegal or illicit activities;
i. utilize any phone numbers provided in Australian POIs for the purposes of marketing, sales or solicitation.
HERE Traffic
The following provisions apply to the use of HERE Traffic:
1. Client's use rights in HERE Traffic are limited to using the HERE Traffic solely in conjunction with an Application as licensed under the Agreement. Use of HERE Traffic is further limited to (a) presenting the HERE Traffic on or related to a map display or a route which is presented by such Application through icon(s), text or voice, (b) providing any one or more of (i) driving directions, (ii) travel time for all or any portion of such route and (iii) available traffic information along such route, in each case presented by the Application through icon(s), text or voice and/or (c) determining a route and/or travel times where the route and/or travel time is continuously automatically updated by the Application based on the HERE Traffic as the individual traverses the route, which information is presented by such Application through icon(s), text or voice.
2. HERE Traffic may not be archived and may only be delivered for End-Users' near term personal use not to exceed one twenty-four hour period.
3. HERE Traffic may not be used to display or broadcast in any FM/AM/HD Radio broadcast or television broadcast
4. HERE Traffic may not be used with, or be incorporated into, any traffic system which voice traffic reports are made available to inbound callers.
5. HERE Traffic may not be used to develop or commercially make available a text to voice email alert or message or voice mail application using any portion of the HERE Traffic.
6. HERE reserves the right to modify the HERE Traffic at any time, including adding and/or subtracting traffic markets.
The following provisions apply to the use of HERE Traffic for certain countries in the Europe Territory:
1. HERE Traffic for the countries of Austria, Denmark, Finland, Italy, Norway, Poland and Sweden are restricted to be licensed solely as a Country Bundle (i.e. HERE Traffic for such countries are not licensed as a single country). "Country Bundle" shall mean HERE Traffic for Germany plus any two (2) countries from the coverage list above where HERE Traffic coverage is available. For clarity, HERE Traffic for Germany is required with any Country Bundle license.
2. Austria: HERE Traffic for Austria may not be sublicensed by Client or its sublicensees (if permitted) to the following third partners: (a) radio and TV stations that operate radio or TV frequencies in Austria that can be received in Austria, or (b) Internet platform providers that are based in Austria and that target End-Users in Austria.
3. Switzerland: Client and/or its sublicensees (if permitted) shall not license HERE Traffic for Switzerland to the following organizations that are based in Switzerland: (i) Swiss radio stations that are broadcasting in Switzerland, (ii) Internet platforms that are based in Switzerland (targeting Swiss end-users) and display a textual or visual description of traffic information (including Swiss media houses; e.g., www.tcs.ch), (iii) the following automobile club members of ARC Transistance: Touring, HAK, UAMK, FDM, ADAC, MAK, ACL, AMSM, ANWB, NAF, AMZS, RACE, AA, ÓAMTC, ACI and TCS, (iv) Swiss states and the cantons and (v) universities and technological institutes in Switzerland.
4. United Kingdom: The End User Terms applicable to the use of HERE Traffic for the United Kingdom shall include the following copyright notice: "Certain data provided by TrafficMaster ©200X TrafficMaster."
The following provisions apply to the use of HERE Traffic for South Africa:
1. HERE Traffic for South Africa may not be sublicensed by Client or its sublicensees (if permitted) for use in commercial audio or video broadcast by TV or radio stations that operate TV or radio frequencies that can be received in South Africa.
The following provisions apply to the use of HERE Traffic for the Central & South America Territory: 1. The End User Terms for any Application which makes use of HERE Traffic for Brazil shall contain the following notice:
"©2010 Porto Seguro."
2. The End User Terms for any Application which makes use of HERE Traffic for Mexico shall contain the following notice:
"HERE Traffic for Mexico may include certain data from Instituto Nacional de Estadística y Geografía."
Safety Cameras
1. The End User Terms for any Application which makes use of Safety Cameras Content shall contain the following notice:
"Safety Cameras are provided for informational purposes only and may not be used to encourage, facilitate or support the violation of any laws. Any usage or reliance on the Information by user shall be at the user’s own risk and sole responsibility. No responsibility is assumed by the provider or its supplier for the use of the information by the user."
2. The End-User Terms for any Application which makes use of Safety Cameras for France shall contain the following notice:
"This product should not be used without any additional features and displaying speed camera locations to end users is not allowed. If you want to include warning functionality in a navigation device, a certification by Infocert (infocert.org/) is required."
[For use in People's Republic of China] - End User Terms Required by NAV2 (Shanghai) Co., Ltd
The data ("Data") is provided for your personal, internal use only and not for resale. It is protected by copyright, and is subject to the following terms and conditions which are agreed to by you, on the one hand, and Telenav ("Telenav") and its licensors (including their licensors and suppliers) on the other hand.
© 2014 NAV2 [Insert any applicable copyright notices as required for the China Data being used]. All rights reserved.
Personal Use Only. You agree to use this Data together with Client for the solely personal, non-commercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
Restrictions. Except where you have been specifically licensed to do so, and without limiting the preceding paragraph, you may not (a) use this Data with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar applications; or (b) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
Limited Warranty. Client warrants that (a) the Data will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any support services provided by Client shall be substantially as described in applicable written materials provided to you by Client, and Client support engineers will make commercially reasonable efforts to solve any problem issues.
Customer Remedies. Client and its suppliers' entire liability and your exclusive remedy shall be, at Client sole discretion, either (a) return of the price paid, if any, or (b) repair or replacement of the Data that do not meet Client Limited Warranty and that are returned to Client with a copy of your receipt. This Limited Warranty is void if failure of the Data has resulted from accident, abuse, or misapplication. Any replacement Data will be warranted for the remainder of the original warranty period or thirty (30) days, which ever is longer. Neither these remedies nor any product support services offered by Client are available without proof of purchase from an authorized international source.
No Other Warranty: EXCEPT FOR THE LMITED WARRANTY SET FORTH ABOVE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, Client AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP OR NON-INFRINGEMENT. Certain warranty exclusions may not be permitted under applicable law, so to that extent the above exclusion may not apply to you.
Limited Liability: TO THE EXTENT PERMITTED BY APPLICABLE LAW, Client AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFROMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF Client OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL Client OR ITS SUPPLIERS'LIABILITY HEREUNDER EXCEED THE PRICE PAID. Certain liability exclusions may not be permitted under applicable law, so to that extent the above exclusion may not apply to you.
Export Control. You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
IP Protection. The Data are owned by NAV2 or its suppliers and are protected by applicable copyright and other intellectual property law and treaties. The Data are provided solely on the basis of a license to use, not sale.
Disclaimer of Endorsement: Reference to any products, services, processes, hypertext links to third parties or other Data by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship, or recommendation by Client or its licensors. Product and service information are the sole responsibility of each individual vendor. The TeleNav, Inc name and logo, the [insert whatever application is involved – Track/GPS, Shotgun] trademarks and logos, and other trademarks and trade names owned by TeleNav, Inc may not be used in any commercial manner without the prior written consent of TeleNav, Inc.
Indemnity. You agree to indemnify, defend and hold Client and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with any use or possession by you of this Data.
Entire Agreement. These terms and conditions constitute the entire agreement between Client(and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law. The above terms and conditions shall be governed by the laws of the People's Republic of China, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of China for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.
Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute,execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:
The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWAREa
Copyright © 2009 Dave Gamble
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Copyright © 1996–2014, Daniel Stenberg, daniel@haxx.se.All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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The FreeType Project is copyright © 1996–2000 by David Turner, Robert Wilhelm, and Werner Lemberg. All rights reserved except as specified below.
1. No Warranty
THE FREETYPE PROJECT IS PROVIDED `AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ANY OF THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OR THE INABILITY TO USE, OF THE FREETYPE PROJECT.
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This license grants a worldwide, royalty-free, perpetual and irrevocable right and license to use, execute, perform, compile, display, copy, create derivative works of, distribute and sublicense the FreeType Project (in both source and object code forms) and derivative works thereof for any purpose; and to authorize others to exercise some or all of the rights granted herein, subject to the following conditions:
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We suggest, but do not require, that you use one or more of the following phrases to refer to this software in your documentation or advertising materials: `FreeType Project', `FreeType Engine', `FreeType library', or `FreeType Distribution'.
As you have not signed this license, you are not required to accept it. However, as the FreeType Project is copyrighted material, only this license, or another one contracted with the, grants you the right to use, distribute, and modify it.Therefore, by using, distributing, or modifying the FreeType Project, you indicate that you understand and accept all the terms of this license.
4. Contacts
There are two mailing lists related to FreeType:
Our home page can be found at http://www.freetype.org.
This software is copyright © 1991–1998, Thomas G. Lane.
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We specifically permit and encourage the use of this software as the basis of commercial products, provided that all warranty or liability claims are assumed by the product vendor.
ansi2knr.c is included in this distribution by permission of L. Peter Deutsch, sole proprietor of its copyright holder, Aladdin Enterprises of Menlo Park, CA. ansi2knr.c is NOT covered by the above copyright and conditions, but instead by the usual distribution terms of the Free Software Foundation; principally, that you must include source code if you redistribute it. (See the file ansi2knr.c for full details.) However, since ansi2knr.c is not needed as part of any program generated from the IJG code, this does not limit you more than the foregoing paragraphs do.
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It appears that the arithmetic coding option of the JPEG spec is covered by patents owned by IBM, AT&T, and Mitsubishi. Hence arithmetic coding cannot legally be used without obtaining one or more licenses. For this reason, support for arithmetic coding has been removed from the free JPEG software. (Since arithmetic coding provides only a marginal gain over the unpatented Huffman mode, it is unlikely that very many implementations will support it.)So far as we are aware, there are no patent restrictions on the remaining code.
The IJG distribution formerly included code to read and write GIF files. To avoid entanglement with the Unisys LZW patent, GIF reading support has been removed altogether, and the GIF writer has been simplified to produce "uncompressed GIFs". This technique does not use the LZW algorithm; the resulting GIF files are larger than usual, but are readable by all standard GIF decoders.
We are required to state that "The Graphics Interchange Format© is the Copyright property of CompuServe Incorporated. GIF℠ is a Service Mark property of CompuServe Incorporated."
This copy of the libpng notices is provided for your convenience. In case of any discrepancy between this copy and the notices in the file png.h that is included in the libpng distribution, the latter shall prevail.
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This code is released under the libpng license.
libpng versions 1.2.6, August 15, 2004, through 1.6.10, March 6, 2014, are Copyright © 2004, 2006–2014 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng–1.2.5 with the following individual added to the list of Contributing Authors
Cosmin Truta
libpng versions 1.0.7, July 1, 2000, through 1.2.5—October 3, 2002, are Copyright © 2000—2002 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng–1.0.6 with the following individuals added to the list of Contributing Authors
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libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are Copyright © 1998, 1999 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng–0.96, with the following individuals added to the list of Contributing Authors:
libpngF versions 0.89, June 1996, through 0.96, May 1997, are Copyright © 1996, 1997 Andreas Dilger
Distributed according to the same disclaimer and license as libpng–0.88, with the following individuals added to the list of Contributing Authors:
libpng versions 0.5, May 1995, through 0.88, January 1996, are Copyright © 1995, 1996 Guy Eric Schalnat, Group 42, Inc.
For the purposes of this copyright and license, "Contributing Authors" is defined as the following set of individuals:
The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage.
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zlib.h—interface of the 'zlib' general purpose compression library version 1.2.8, April 28th, 2013Copyright © 1995-2013 Jean-loup Gailly and Mark Adler
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